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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2821 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2821

 To authorize the cancellation of removal and adjustment of status of 
    certain nationals of certain countries designated for temporary 
    protected status or deferred enforced departure, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2019

 Ms. Velazquez (for herself and Ms. Clarke of New York) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To authorize the cancellation of removal and adjustment of status of 
    certain nationals of certain countries designated for temporary 
    protected status or deferred enforced departure, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Promise Act of 2019''.

TITLE I--TREATMENT OF CERTAIN NATIONALS OF CERTAIN COUNTRIES DESIGNATED 
     FOR TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED DEPARTURE

SEC. 101. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN 
              COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS OR 
              DEFERRED ENFORCED DEPARTURE.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary or the Attorney General shall cancel the removal of, and 
adjust to the status of an alien lawfully admitted for permanent 
residence, an alien described in subsection (b) if the alien--
            (1) applies for such adjustment, including submitting any 
        required documents under section 207, not later than 3 years 
        after the date of the enactment of this Act;
            (2) has been continuously physically present in the United 
        States for a period of not less than 3 years before the date of 
        the enactment of this Act; and
            (3) is not inadmissible under paragraph (1), (2), (3), 
        (6)(D), (6)(E), (6)(F), (6)(G), (8), (10) of section 212(a) of 
        the Immigration and Nationality Act (8 U.S.C. 1182(a)).
    (b) Aliens Eligible for Adjustment of Status.--An alien shall be 
eligible for adjustment of status under this section if the alien is an 
individual--
            (1) who--
                    (A) is a national of a foreign state (or part 
                thereof) (or in the case of an alien having no 
                nationality, is a person who last habitually resided in 
                such state) with a designation under subsection (b) of 
                section 244 of the Immigration and Nationality Act (8 
                U.S.C. 1254a(b)) on January 1, 2017, who had or was 
                otherwise eligible for temporary protected status on 
                such date notwithstanding subsections (c)(1)(A)(iv) and 
                (c)(3)(C) of such section; and
                    (B) has not engaged in conduct since such date that 
                would render the alien ineligible for temporary 
                protected status under section 244(c)(2) of the 
                Immigration and Nationality Act (8 U.S.C. 1245a(c)(2)); 
                or
            (2) who was eligible for Deferred Enforced Departure as of 
        January 1, 2017, and has not engaged in conduct since that date 
        that would render the alien ineligible for Deferred Enforced 
        Departure.
    (c) Application.--
            (1) Fee.--The Secretary shall, subject to an exemption 
        under section 203(c), require an alien applying for adjustment 
        of status under this section to pay a reasonable fee that is 
        commensurate with the cost of processing the application, but 
        does not exceed $1,140.
            (2) Background checks.--The Secretary may not grant an 
        alien permanent resident status on a conditional basis under 
        this section until the requirements of section 202 are 
        satisfied.
            (3) Withdrawal of application.--The Secretary of Homeland 
        Security shall, upon receipt of a request to withdraw an 
        application for adjustment of status under this section, cease 
        processing of the application and close the case. Withdrawal of 
        the application under this subsection shall not prejudice any 
        future application filed by the applicant for any immigration 
        benefit under this Act or under the Immigration and Nationality 
        Act (8 U.S.C. 1101 et seq.).

                      TITLE II--GENERAL PROVISIONS

SEC. 201. DEFINITIONS.

    (a) In General.--In this Act:
            (1) In general.--Except as otherwise specifically provided, 
        any term used in this Act that is used in the immigration laws 
        shall have the meaning given such term in the immigration laws.
            (2) Disability.--The term ``disability'' has the meaning 
        given such term in section 3(1) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102(1)).
            (3) Federal poverty line.--The term ``Federal poverty 
        line'' has the meaning given such term in section 213A(h) of 
        the Immigration and Nationality Act (8 U.S.C. 1183a).
            (4) Immigration laws.--The term ``immigration laws'' has 
        the meaning given such term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (5) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.
            (6) Uniformed services.--The term ``Uniformed Services'' 
        has the meaning given the term ``uniformed services'' in 
        section 101(a) of title 10, United States Code.
    (b) Treatment of Expunged Convictions.--For purposes of adjustment 
of status under this Act, the terms ``convicted'' and ``conviction'', 
as used in section 212 of the Immigration and Nationality Act (8 U.S.C. 
1182), do not include a judgment that has been expunged or set aside, 
that resulted in a rehabilitative disposition, or the equivalent.

SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND 
              CHECKS.

    (a) Submission of Biometric and Biographic Data.--The Secretary may 
not grant an alien adjustment of status under this Act unless the alien 
submits biometric and biographic data, in accordance with procedures 
established by the Secretary. The Secretary shall provide an 
alternative procedure for aliens who are unable to provide such 
biometric or biographic data because of a physical impairment.
    (b) Background Checks.--The Secretary shall use biometric, 
biographic, and other data that the Secretary determines appropriate to 
conduct security and law enforcement background checks and to determine 
whether there is any criminal, national security, or other factor that 
would render the alien ineligible for adjustment of status under this 
Act. The status of an alien may not be adjusted unless security and law 
enforcement background checks are completed to the satisfaction of the 
Secretary.

SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; WAIVER 
              OF GROUNDS FOR INADMISSIBILITY AND OTHER CONDITIONS ON 
              ELIGIBLE INDIVIDUALS.

    (a) Limitation on Removal.--An alien who appears to be prima facie 
eligible for relief under this Act shall be given a reasonable 
opportunity to apply for such relief and may not be removed until, 
subject to section 206(c), a final decision establishing ineligibility 
for relief is rendered.
    (b) Application.--An alien present in the United States who has 
been ordered removed or has been permitted to depart voluntarily from 
the United States may, notwithstanding such order or permission to 
depart, apply for adjustment of status under this Act. Such alien shall 
not be required to file a separate motion to reopen, reconsider, or 
vacate the order of removal. If the Secretary approves the application, 
the Secretary shall cancel the order of removal. If the Secretary 
renders a final administrative decision to deny the application, the 
order of removal or permission to depart shall be effective and 
enforceable to the same extent as if the application had not been made, 
only after all available administrative and judicial remedies have been 
exhausted.
    (c) Fee Exemption.--An applicant may be exempted from paying an 
application fee required under this Act if the applicant--
            (1) is younger than 18 years of age;
            (2) received total income, during the 12-month period 
        immediately preceding the date on which the applicant files an 
        application under this Act, that is less than 150 percent of 
        the Federal poverty line;
            (3) is in foster care or otherwise lacks any parental or 
        other familial support; or
            (4) cannot care for himself or herself because of a 
        serious, chronic disability.
    (d) Waiver of Grounds of Inadmissibility.--With respect to any 
benefit under this Act, the Secretary may waive the grounds of 
inadmissibility under paragraph (1), subparagraphs (A) through (E) of 
paragraph (2), subparagraphs (D) through (G) of paragraph (6), or 
paragraph (10)(D) of section 212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or 
because the waiver is otherwise in the public interest.
    (e) Advance Parole.--During the period beginning on the date on 
which an alien applies for adjustment of status under this Act and 
ending on the date on which the Secretary makes a final decision 
regarding such application, the alien shall be eligible to apply for 
advance parole. Section 101(g) of the Immigration and Nationality Act 
(8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole 
under this section.
    (f) Employment.--An alien whose removal is stayed pursuant to this 
Act, or who has pending an application under this Act, shall, upon 
application to the Secretary, be granted an employment authorization 
document.

SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE.

    (a) Effect of Notice To Appear.--Any period of continuous physical 
presence in the United States of an alien who applies for adjustment of 
status under this Act shall not terminate when the alien is served a 
notice to appear under section 239(a) of the Immigration and 
Nationality Act (8 U.S.C. 1229(a)).
    (b) Treatment of Certain Breaks in Presence.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), an alien shall be considered to have failed to maintain 
        continuous physical presence in the United States under this 
        Act if the alien has departed from the United States for any 
        period exceeding 90 days or for any periods, in the aggregate, 
        exceeding 180 days.
            (2) Extensions for extenuating circumstances.--The 
        Secretary may extend the time periods described in paragraph 
        (1) for an alien who demonstrates that the failure to timely 
        return to the United States was due to extenuating 
        circumstances beyond the alien's control, including the serious 
        illness of the alien, or death or serious illness of a parent, 
        grandparent, sibling, or child of the alien.
            (3) Travel authorized by the secretary.--Any period of 
        travel outside of the United States by an alien that was 
        authorized by the Secretary may not be counted toward any 
        period of departure from the United States under paragraph (1).
    (c) Waiver of Physical Presence.--With respect to aliens who were 
removed or departed the United States on or after January 20, 2017, and 
who were continuously physically present in the United States for at 
least 4 years prior to such removal or departure, the Secretary may, as 
a matter of discretion, waive the physical presence requirement under 
section 101(a)(2) for humanitarian purposes, for family unity, or 
because a waiver is otherwise in the public interest. The Secretary, in 
consultation with the Secretary of State, shall establish a procedure 
for such aliens to apply for relief under section 101 from outside the 
United States if they would have been eligible for relief under such 
section, but for their removal or departure.

SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS.

    Nothing in this Act or in any other law may be construed to apply a 
numerical limitation on the number of aliens who may be granted 
permanent resident status under this Act.

SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--Not later than 30 days after the date 
of the enactment of this Act, the Secretary shall provide to aliens who 
have applied for adjustment of status under this Act a process by which 
an applicant may seek administrative appellate review of a denial of an 
application for adjustment of status, or a revocation of such status.
    (b) Judicial Review.--Notwithstanding any other provision of law, 
an alien may seek judicial review of a denial of an application for 
adjustment of status, or a revocation of such status, under this Act in 
the United States district court with jurisdiction over the alien's 
residence.
    (c) Stay of Removal.--
            (1) In general.--Except as provided in paragraph (2), an 
        alien seeking administrative or judicial review under this Act 
        may not be removed from the United States until a final 
        decision is rendered establishing that the alien is ineligible 
        for adjustment of status under this Act.
            (2) Exception.--The Secretary may remove an alien described 
        in paragraph (1) pending judicial review if such removal is 
        based on criminal or national security grounds. Such removal 
        does not affect the alien's right to judicial review under this 
        Act. The Secretary shall promptly return a removed alien if a 
        decision to deny an application for adjustment of status under 
        this Act, or to revoke such status, is reversed.

SEC. 207. DOCUMENTATION REQUIREMENTS.

    (a) Documents Establishing Identity.--An alien's application for 
permanent resident status under this Act may include, as evidence of 
identity--
            (1) a passport or national identity document from the 
        alien's country of origin that includes the alien's name and 
        the alien's photograph or fingerprint;
            (2) the alien's birth certificate and an identity card that 
        includes the alien's name and photograph;
            (3) a school identification card that includes the alien's 
        name and photograph, and school records showing the alien's 
        name and that the alien is or was enrolled at the school;
            (4) a Uniformed Services identification card issued by the 
        Department of Defense;
            (5) any immigration or other document issued by the United 
        States Government bearing the alien's name and photograph;
            (6) a State-issued identification card bearing the alien's 
        name and photograph; or
            (7) any other evidence determined to be credible by the 
        Secretary.
    (b) Documents Establishing Continuous Physical Presence.--To 
establish that an alien has been continuously physically present in the 
United States, as required under section 101(a)(2), the alien may 
submit the following forms of evidence:
            (1) Passport entries, including admission stamps on the 
        alien's passport.
            (2) Any document from the Department of Justice or the 
        Department of Homeland Security noting the alien's date of 
        entry into the United States.
            (3) Records from any educational institution the alien has 
        attended in the United States.
            (4) Employment records of the alien that include the 
        employer's name and contact information.
            (5) Records of service from the Uniformed Services.
            (6) Official records from a religious entity confirming the 
        alien's participation in a religious ceremony.
            (7) A birth certificate for a child who was born in the 
        United States.
            (8) Hospital or medical records showing medical treatment 
        or hospitalization, the name of the medical facility or 
        physician, and the date of the treatment or hospitalization.
            (9) Automobile license receipts or registration.
            (10) Deeds, mortgages, or rental agreement contracts.
            (11) Rent receipts or utility bills bearing the alien's 
        name or the name of an immediate family member of the alien, 
        and the alien's address.
            (12) Tax receipts.
            (13) Insurance policies.
            (14) Remittance records, including copies of money order 
        receipts sent in or out of the country.
            (15) Travel records.
            (16) Dated bank transactions.
            (17) Two or more sworn affidavits from individuals who are 
        not related to the alien who have direct knowledge of the 
        alien's continuous physical presence in the United States, that 
        contain--
                    (A) the name, address, and telephone number of the 
                affiant; and
                    (B) the nature and duration of the relationship 
                between the affiant and the alien.
            (18) Any other evidence determined to be credible by the 
        Secretary.
    (c) Documents Establishing Exemption From Application Fees.--To 
establish that an alien is exempt from an application fee under section 
203(c), the alien may submit to the Secretary the following relevant 
documents:
            (1) Documents to establish age.--To establish that an alien 
        meets an age requirement, the alien may provide proof of 
        identity, as described in subsection (a), that establishes that 
        the alien is younger than 18 years of age.
            (2) Documents to establish income.--To establish the 
        alien's income, the alien may provide--
                    (A) employment records or other records of earned 
                income that have been maintained by the Social Security 
                Administration, the Internal Revenue Service, or any 
                other Federal, State, or local government agency;
                    (B) bank records; or
                    (C) at least 2 sworn affidavits from individuals 
                who are not related to the alien and who have direct 
                knowledge of the alien's work and income that contain--
                            (i) the name, address, and telephone number 
                        of the affiant; and
                            (ii) the nature and duration of the 
                        relationship between the affiant and the alien.
            (3) Documents to establish foster care, lack of familial 
        support, or serious, chronic disability.--To establish that the 
        alien was in foster care, lacks parental or familial support, 
        or has a serious, chronic disability, the alien may provide at 
        least 2 sworn affidavits from individuals who are not related 
        to the alien and who have direct knowledge of the circumstances 
        that contain--
                    (A) a statement that the alien is in foster care, 
                otherwise lacks any parental or other familiar support, 
                or has a serious, chronic disability, as appropriate;
                    (B) the name, address, and telephone number of the 
                affiant; and
                    (C) the nature and duration of the relationship 
                between the affiant and the alien.
    (d) Authority To Prohibit Use of Certain Documents.--If the 
Secretary determines, after publication in the Federal Register and an 
opportunity for public comment, that any document or class of documents 
does not reliably establish identity or that permanent resident status 
under this Act is being obtained fraudulently to an unacceptable 
degree, the Secretary may prohibit or restrict the use of such document 
or class of documents.

SEC. 208. RULEMAKING.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall publish in the Federal 
Register interim final rules implementing this Act, which shall allow 
eligible individuals to immediately apply for relief under section 101. 
Notwithstanding section 553 of title 5, United States Code, the 
regulation shall be effective, on an interim basis, immediately upon 
publication, but may be subject to change and revision after public 
notice and opportunity for a period of public comment. The Secretary 
shall finalize such rules not later than 180 days after the date of 
publication.
    (b) Paperwork Reduction Act.--The requirements under chapter 35 of 
title 44, United States Code, (commonly known as the ``Paperwork 
Reduction Act'') shall not apply to any action to implement this Act.

SEC. 209. CONFIDENTIALITY OF INFORMATION.

    (a) In General.--The Secretary may not disclose or use information 
provided in applications filed under this Act (including information 
provided during administrative or judicial review) for the purpose of 
immigration enforcement.
    (b) Referrals Prohibited.--The Secretary, based solely on 
information provided in an application for adjustment of status under 
this Act (including information provided during administrative or 
judicial review), may not refer an applicant to U.S. Immigration and 
Customs Enforcement, U.S. Customs and Border Protection, or any 
designee of either such entity.
    (c) Limited Exception.--Notwithstanding subsections (a) and (b), 
information provided in an application for adjustment of status under 
this Act may be shared with Federal security and law enforcement 
agencies--
            (1) for assistance in the consideration of an application 
        for adjustment of status under this Act;
            (2) to identify or prevent fraudulent claims;
            (3) for national security purposes; or
            (4) for the investigation or prosecution of any felony not 
        related to immigration status.
    (d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish, within U.S. Citizenship and Immigration Services, a program 
to award grants, on a competitive basis, to eligible nonprofit 
organizations that will use the funding to assist eligible applicants 
under this Act by providing them with the services described in 
subsection (b).
    (b) Use of Funds.--Grant funds awarded under this section shall be 
used for the design and implementation of programs that provide--
            (1) information to the public regarding the eligibility and 
        benefits of permanent resident status under this Act, 
        particularly to individuals potentially eligible for such 
        status;
            (2) assistance, within the scope of authorized practice of 
        immigration law, to individuals submitting applications for 
        adjustment of status under this Act, including--
                    (A) screening prospective applicants to assess 
                their eligibility for such status;
                    (B) completing applications and petitions, 
                including providing assistance in obtaining the 
                requisite documents and supporting evidence; and
                    (C) providing any other assistance that the 
                Secretary or grantee considers useful or necessary to 
                apply for adjustment of status under this Act; and
            (3) assistance, within the scope of authorized practice of 
        immigration law, and instruction, to individuals--
                    (A) on the rights and responsibilities of United 
                States citizenship;
                    (B) in civics and English as a second language;
                    (C) in preparation for the General Education 
                Development test; and
                    (D) in applying for adjustment of status and United 
                States citizenship.
    (c) Authorization of Appropriations.--
            (1) Amounts authorized.--There are authorized to be 
        appropriated such sums as may be necessary for each of the 
        fiscal years 2020 through 2030 to carry out this section.
            (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.

SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS.

    An alien's eligibility to be lawfully admitted for permanent 
residence under this Act shall not preclude the alien from seeking any 
status under any other provision of law for which the alien may 
otherwise be eligible.
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